Dual citizenship: Legal experts say Henry could be deported

Chandigarh, September 19
Senior Congress leader Avtar Henry could find himself facing deportation proceedings, if it is established that he is not an Indian citizen. Legal experts insist he could even find himself facing prosecution on the allegation of staying in India without authorisation.

RTI activist-cum-Punjab and Haryana High Court advocate HC Arora says if the information on Henry being a British citizen is proved, he could be proceeded against for overstaying in the country.

Henry could, however, get away with the fact that he contested the Assembly elections despite allegedly being a British citizen as there is hardly any provision in law under which such an alleged aberration can be dealt with. Facilities once enjoyed are enjoyed forever, says Arora.

The case history

November 2009: Avtar Henryâ€™s son Gurjit accuses him of holding dual citizenship

July 10, 2012: Home Ministry summons Henry to Delhi, records his statements

Complainant says Henry had visited the UK on an Indian passport procured from the Delhi Passport Office posing as Lakhbir Singh Sangheraâ€™s son

Lakhbir Singh was, in fact, Henryâ€™s elder brother and his fatherâ€™s name was Joginder Singh. The complainant also alleges that Henry took British citizenship on the old passport issued by the Indian government

He later obtained a British passport and returned to India in September 1969

He yet again got a passport prepared from the Jalandhar Passport Office where he mentioned his fatherâ€™s name as Joginder Singh and his birthplace as Pakistan

Jalandhar Police sits on the complaint, which is re-opened through an RTI activist who moves the HC

The HC tells Home Ministry, Punjab Chief Secy and DGP to complete the probe in four months

he will be also implicated in case where he gives affidavit to contest the election saying that he is Citizen of India. He can be charged with giving false affidavit under oath, with the view to cheat.

he will be also implicated in case where he gives affidavit to contest the election saying that he is Citizen of India. He can be charged with giving false affidavit under oath, with the view to cheat.